The debtor’s petition shall include the following documents, dated from less than thirty
(30) days:
1) a certificate of incorporation, registration or declaration of activity in a Register or a
professional order or, ,any other documents which prove the regularity of the debtor’s
activity;
2) summary financial statements comprising the balance sheet, the income statement, a
supply and use table, the state annexed and, in any case, the turnover amount and profits
P. 24 of 139
or losses of the last three (03) years or, any other document establishing the financial and
economic position of the debtor if the petition is filed by a debtor meets the definition of
small enterprise pursuant to Article 1-3 above.
3) cash flow situation and the exact amount of claims and debts with names, titles and
addresses of creditors and maturity dates or, any other document capable of establishing
the ability of the debtor to pay its due debts out its available assets if the petition is filed
by a debtor meets the definition of small enterprise in accordance with Article 1-3 above.
4) a document stating the number of employees and their salaries and employer’s
contributions at the date on which the petition is filed or, any other document capable of
identifying and counting the debtor’s employees and estimating the amount of their
wages and contributions where the motion is introduced by a debtor meets the definition
of small enterprise in accordance with Article 1-3 above.
5) a certificate from the debtor whereby he declares on honor that he is not insolvent;
6) detailed statement of assets and liabilities, personal and actual securities given or
received by the company and its top executives;
7) a certificate of the debtor stating that he is not party to a conciliation agreement in
progress and, in any case, that he is not subject to a preventive settlement, reorganization
or liquidation of assets proceedings that is pending and that he meets the conditions of the
last paragraph of Article 6 above;
8) the inventory of the assets of the debtor stating movable assets subject to claims by their
owners and those affected by a retention of title clause or, alternatively, a provisional
inventory if the petition is filed by a debtor meets the definition of small enterprise in
accordance with Article 1-3 above;
9) a document stating the,full names and addresses of employees’ representatives;
10) where it is a legal entity, the list of members jointly and severally liable for the debts
thereof, stating their full names and addresses, as well as the names and addresses of its
top executives;
11) where the debtor proposes a person as an expert to the preventive settlement in
accordance with the first paragraph of Article 8 hereinafter, a document stating the full
name, qualifications and domicile of that individual and a certificate of the latter stating
that he meets the conditions set forth in articles and 4-1 and 4-2 above;
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12) where appropriate, a document stating the full names, qualifications and domicile of
individuals who are planning to make new cash contributions or provide new goods or
services under the conditions of Article 11-1 hereinafter, with the amount of the
contribution or the value of goods or services;
13) a proposed arrangement;
14) Where applicable, a document stating the full names and domiciles of the creditors who
cosigned the petition of the debtor, and the amount of their claims and any security
interest attached to them.
All these documents shall be dated, signed and certified true by the petitioner.
Documents referred to subparagraphs 1 ° to 5 ° and subparagraphs 7 °, 8 °, 10 ° and 13 ° must
be provided otherwise the petition will be inadmissible as a matter of law.
.
In case one of the documents referred to subparagraphs 6 °, 9 ° and 11 ° cannot be provided, or
may be provided only incompletely, the petition shall state the reasons thereof.
Unofficial translation
Transcription: Spot-checked
In force from 24-12-2015
Source page 23
The document's transcription was spot-checked against the supplied source; this does not confirm a line-by-line review of every provision.
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Section 6-1 of the Acte uniforme portant organisation des procédures collectives d'apurement du passif/akn/ohada/act/loi/2015-09-10/aupcap-2015
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